Editor’s Note: In this Chapter the words “Sheriff’s
Department” are changed to “Police Department” pursuant
to the St. Charles County Charter Article IV, Sections 4.250 and 4.1300,
as amended in 2012 and effective 1-1-2015, and St. Charles County
Ord. No. 15-012, Section 2, adopted 1-26-2015.

The Department of Corrections is hereby created and assigned,
pursuant to the St. Charles County Charter Article IV, Section 4.802.4
(1992) responsibility for the operations of all County corrections/detention
facilities, and community-based corrections programs. The Department
shall have the responsibility for the prevention and detection of
crime and the enforcement of the general criminal laws of the State
and for violation of ordinances of the County. The Department of Corrections
is subject to the control of the St. Charles County Executive and
shall prioritize the duties of its certified Peace Officers as set
by executive order.[1]

Develop and issue rules on policy and procedure for the operations
of the Department of Corrections. The Department of Corrections, as
set out in this Article, includes the operations of all County corrections/detention
facilities, to include, but not be limited to, the St. Charles County
Adult Detention Facility and all other County operated, community-based
corrections programs, as may presently exist, or as may be created
in the future.

Be responsible for the establishment of positions within the Department
who are designated as Peace Officers and who possess the duty and
power of arrest for violation of any criminal laws of the State or
for violation of County ordinances.

Designate specific officers of the Department of Corrections to carry
firearms when necessary for the proper discharge of their duties in
this State, or any State. These officers will retain powers of arrest
and are authorized to act, having the same powers as granted other
Law Enforcement Officers in this County or State to: arrest escaped
inmates; apprehend any and all persons who may be aiding and abetting
such an escape; apprehend any person who willfully fails or refuses
to comply with the lawful order or direction of said officer in the
discharge of his official duties, or who may be hindering, obstructing,
resisting or otherwise interfering with the discharge of those duties;
and serve arrest warrants within the criminal justice facilities.

The
Director of Corrections, St. Charles County (hereinafter referred
to as the "Director"), or his/her designated representative, will
have the discretionary authority to enter into agreements with other
outside county jails for the purpose of seeking housing for prisoners
of St. Charles County at other facilities when it reasonably appears
that the continued housing of that prisoner at the Adult Detention
Facility (ADF) will in some manner create a reasonable health, safety,
welfare, or other concern regarding the conditions of incarceration
for that prisoner, or for the facility and staff.

The
maximum level of monetary commitment, both for per diem and in total,
for which the Director can obligate the County in these agreements
will be set by the County Executive. The Director will be required
to seek approval of the County Council, by way of ordinance, to exceed
these set amounts. Medical care for the prisoner, as necessary to
maintain adequate health standards, will not be included in this ceiling
amount. Other housing agreements, already set by ordinance, will remain
in effect until such time as they must be modified or adjusted.

The
Director will also have the discretionary authority to enter into
agreements with other law enforcement agencies, jails for counties,
jurisdictions other than St. Charles County, for the purpose of housing
their prisoners in the ADF, on a per diem basis, when it reasonably
appears that their agency/jail does not have the housing capacity,
or some other undesirable conditions exist, so as to necessitate seeking
assistance from St. Charles County.

The
County Executive will be responsible to set a per diem charge for
the housing of outside prisoners based on the established daily per
diem rate of the ADF. It shall be the duty of the Director to obtain
a signed agreement from an authorized party of the outside agency
prior to accepting that prisoner into custody, to include the agreement
to accept all medical expenses incurred for that prisoner, and to
pursue billing to receive reimbursement from other agencies.

Any
failure by an outside agency to reimburse St. Charles County for the
housing of their prisoner by the ADF, after having been properly billed,
will be referred by the Department of Corrections to the County Counselor's
office for appropriate action.

The
Director of Corrections for St. Charles County (hereinafter referred
to as the "Director"), through the St. Charles County Department of
Corrections (hereinafter referred to as "SCCDOC"), shall operate a
Work Release Program pursuant to Section 221.170, RSMo., and the provisions
of this Section.

The
Director shall determine the location and the capacity of the Work
Release Program within the Adult Detention Facility. If proper facilities
and/or adequate staff cease to be available for the operation of the
Work Release Program, the Director shall notify the County Executive
who may order the suspension or modification of the program until
such time as proper facilities and adequate staffing can again be
achieved.

The
Work Release Program shall operate in accordance with the Revised
Statutes of Missouri (RSMo.), the Ordinances of St. Charles County,
Missouri, and the policies and procedures of the SCCDOC. The Director
is hereby given authority to promulgate additional policies, procedures
and rules for the safe and effective administration of the Work Release
Program.

The
Work Release Program is hereby made available as an alternative incarceration
method for individuals who are sentenced for a crime, being held in
contempt or for non-payment of fines or participating in a diversionary
program by order of the 11th Judicial Circuit or a municipal court
within St. Charles County. The Work Release Program will be made available
to similarly situated prisoners of outside agencies pursuant to written
agreements between such agencies and the SCCDOC in accordance with
this Section and other applicable law.

The
Director or his authorized representative shall have the discretionary
authority to enter into written agreements with other agencies, jails
for counties or jurisdictions other than this County for the purpose
of accommodating their prisoners in the Work Release Program, when
it reasonably appears that the requesting agency or jail does not
have such a program otherwise available. Such written agreements may
only be entered upon the Director's determination that there is space
available in the Work Release Program and that the prisoner has been
granted the privilege of release by order of a court of competent
jurisdiction. All such agreements must receive the written approval
of the County Executive.

The
Director or his authorized representative shall obtain a signed agreement
with any other agency, jail or jurisdiction prior to accepting a prisoner
of such entity into the Work Release Program, which agreement shall
include:

Certification by the outside agency, jail or jurisdiction that the
prisoner has been granted the privilege of release by a court of competent
jurisdiction. A copy of the pertinent court order shall be attached
to the agreement.

The agency, jail or jurisdiction's agreement to pay the per diem
Work Release Fee, as set by the County Executive, to the SCCDOC for
each day the prisoner is housed in the County's Work Release Program
and that said Work Release Fee shall not be waived.

The agency, jail or jurisdiction's agreement to accept responsibility
for any and all medical expenses incurred for its prisoner while housed
in the County's Work Release Program and that the County is not responsible
for any such medical expenses.

The agency, jail or jurisdiction's agreement that in the event the prisoner must be taken before the sentencing court for violation of Work Release Program rules and is thereafter ordered to be placed in the general population under ordinary confinement, the agency, jail or jurisdiction will pay the standard per diem rate for the Adult Detention Facility set by the County Executive pursuant to Section 125.035(D) of the Ordinances of St. Charles County.

The
Director or his authorized representative shall obtain a signed Work
Release Program Agreement from any individual sentenced for a crime,
being held in contempt or for non-payment of fines, or participating
in a diversionary program by order of the 11th Judicial Circuit or
a municipal court within St. Charles County or from an outside agency,
jail or jurisdiction before accepting him into the County's Work Release
Program, which agreement shall include:

The prisoner's agreement to comply with the orders of the court granting
him the privilege of release and with any restrictions and limitations
thereof and with the rules of the County's Work Release Program;

For St. Charles County prisoners, the prisoner's agreement to pay
in advance for each week (or portion thereof he is committed to the
Work Release Program, if less than one (1) week remains to be served),
the per diem Work Release Fee to the SCCDOC by cashier's check or
money order, in lieu of surrendering his/her full wages or salary
to the SCCDOC for deposit in a trust checking account in accordance
with Section 221.170.3, RSMo.; and

The prisoner's agreement that his failure to follow the orders of
the court and the rules of the Work Release Program, including full
payment of the per diem Work Release Fee, will result in suspension
of the privilege of release for up to five (5) days and/or an appearance
before the sentencing court with a recommendation by the Director
that the privilege of release be withdrawn and that the prisoner be
ordered to ordinary confinement in the general population.

Any
failure by an outside agency, jail or jurisdiction to reimburse St.
Charles County for fees for the housing of their prisoner(s) pursuant
to this Chapter, after having been properly billed for said fees,
will be referred by the SCCDOC to the County Counselor's Office for
appropriate action.

Receiving and holding prisoners committed to the St. Charles County
Adult Detention Facility by the Circuit Court for the 11th Judicial
Circuit of the State of Missouri, and holding such prisoners until
their release by expiration of commitment, their release on authorized
bond, or their release by order of a court of competent jurisdiction.

Prisoners arrested or detained by commissioned officers of the St.
Charles County Police Department or Missouri State Highway Patrol
pending application for arrest warrant(s) for felony offense(s) (such
prisoners may not be held more than twenty-four (24) hours without
such warrants);

Prisoners arrested or detained by commissioned officers of the St.
Charles County Police Department or the Missouri State Highway Patrol
pending release on summons for a criminal offense (such prisoners
may not be held for more than twenty-four (24) hours);

Prisoners transferred to the St. Charles County Adult Detention Facility
by the United States Marshals Service, the United States Bureau of
Prisons, or other Federal law enforcement agencies, or by other Missouri
Sheriffs, provided the Director, or his designated representative,
consents to such transfer after determining that space is available
within the St. Charles County Adult Detention Facility;

Prisoners in transit and in the custody of other competent law enforcement
agencies, provided the Director, or his designated representative,
consents to such transfer after determining that space is available
within the St. Charles County Adult Detention Facility.

Receiving and holding arrest warrants issued by the Circuit Court
for the 11th Judicial Circuit of the State of Missouri, until such
warrants are served or recalled, and return arrest warrants to the
courts as required or directed.

All
persons offered employment in the St. Charles County Department of
Corrections (hereafter referred to as SCCDOC) shall submit to a two-step
skin testing for Tuberculosis (TB) which shall be conducted by the
St. Charles County Department of Community Health and the Environment
(hereafter referred to as the Health Department), or other appropriate
agency. If the individual produces proof of having been tested for
TB within the preceding twelve (12) month period, only one (1) additional
test will be required by the Health Department.

All
current employees of the SCCDOC shall submit to an annual PPD skin
test conducted by the Health Department, or other appropriate agency.
Employees who test positive shall be referred for follow-up treatment
under the protocols established by the Health Department and SCCDOC.

The
SCCDOC shall test all prisoners for TB, except those in custody for
fewer than fifteen (15) consecutive days and those in work release.
If any prisoner tests positive, the SCCDOC shall require that he shall
be treated for TB as required under the established Health Department
protocols as adopted by the SCCDOC. Costs related to such treatment
shall be assessed against the prisoner, as allowed by law.